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36 Ala. App. 500

Garrett v. State

Alabama Court of Appeals

Decided August 5, 1952

Alabama Court of Appeals · decided 1952-08-05

Cited by 1 later decisions — most recently June 1932

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1952-08-05

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CARR, Presiding Judge.

¶1The officers went to the home of the accused and found him in the yard. At the time he had one can of Cook’s beer in his hand and two in his pockets. A short distance from the residence the officers located six cases of beer. It appears that six cans had been removed from one of the cases.

¶2The defendant was first tried in the county court wheré he entered a plea of guilty to the charge of possessing prohibited liquor.

¶3From the judgment there,- he perfected his appeal to the 'circuit court. In the latter tribunal he was tried by the court without the aid of a jury. The circuit judge found him guilty and imposed a fine and hard labor.

¶4When the officers apprehended the appellant, he admitted the possession and ownership of the six cases of 'beer. This statement was shown to have been voluntarily made.

¶5The accused did not testify at the trial in the circuit court nor offer any evidence in his behalf.

¶6It is convincingly clear that the judgment of the court below must be affirmed. It is so ordered.

¶7Affirmed.

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